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BOC Approves Settlement Of Lawsuit Against County Over Denial Of Zoning Application
Settlement Includes Approval Of Self-Storage Project At The Intersection Of Delk And Terrell Mill RoadsIn 2023, the Board of Commissioners voted to deny zoning application Z-66-2022, which was for self-storage. This denial led to a lawsuit against the county by the developer and the property owners. That lawsuit has now been settled.
On May 21, 2024, the proposed settlement was reviewed under "Other Business" as OB-17-2024. “To consider a Settlement of Litigation for ADP-Terrell Mill, LLC and the Estate of Ruby Inez Fridell regarding case Z-66 of 2022 and SLUP-14 of 2022.” After discussing some aspects of the revised site plan, as well as hearing from people in support of and against accepting the terms of the settlement, the BOC voted to approve it. The revised site plan shows the building at 111,230 square feet instead of the original 120,000 square feet. The revised landscaping plan includes two additional tree-save areas. After reviewing the details of the settlement agreement, the PFCA leadership concluded that the project still meets community priorities for anything developed on this property: low-traffic, residential-friendly, and architecturally attractive. Self-storage facilities generate very little traffic. There will be heavy landscaping with new and existing trees to screen the facility and beautify the frontage. Architecturally, the building exterior is designed to look like a row of attractive townhomes. |
Site Plan below
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Lawsuit Settlement Would Resurrect Self-Storage
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Settlement of Litigation Zoning Notice
Meeting Details Tuesday, May, 21, 2024 9:00am 100 Cherokee St., Building A 2nd Floor BOC Room Marietta, GA 30090 On the agenda Other Business OB-17-2024 To see all available case documents,
go to Cobb Superior Court Case Search. Enter 23102238 and hit Search. Click the document icon next to ADP TERRELL MILL LLC in green. Click "Pleadings." |
BELOW:
Previous coverage of Zoning Application Z-66-2022 through Feb. 21, 2023, when the BOC denied approval.
Previous coverage of Zoning Application Z-66-2022 through Feb. 21, 2023, when the BOC denied approval.
final decision - BOC Denies Z-66 For Self-storage
On February 21, 2022, the Board of Commissioners voted to deny zoning application Z-66-2022. Though the developer had made many positive revisions to the application, the commissioners ultimately felt the property should remain zoned residential. The current county land-use plan indicates the site for medium-density residential.
It should be noted that there was significant citizen input both for and against the application. Many emails were sent and citizens spoke at the BOC meeting. Support in favor of Z-66 focused on the low traffic impact from self-storage compared to other types of development that could go on the property. Those against Z-66 were strongly for keeping the property zoned as it is in the county land-use plan, which is residential. Importantly, the property is still for sale and will ultimately be developed. It is still zoned residential, but that does not prevent another developer from applying for a rezoning. The PFCA feels that whatever goes there should be low-traffic, residential-friendly, and architecturally attractive. Get more information on the zoning decision in the story published Feb. 21, 2023 by East Cobb News. Developer files application for Self-StorageThe 2.6-acre site is at the corner of Delk Road and Terrell Mill Road.
There are currently two old, unoccupied homes on the property. Its original R-80 zoning was done many decades ago before the area underwent significant development. It's no longer realistic for this property, which now sits in the middle of both commercial and residential. On the Delk Road side, it is next to Delk Spectrum Shopping Center with Publix. Across the street are Chase Bank, Zaxby's and Walgreens. On the Terrell Mill side, it is next to Cobblestone Walk townhomes. Across Terrell Mill Road are neighborhoods and several stand-alone homes. Details from application:
Architecture compatible with residential.
The developer stated their willingness to make the style of the building compatible with nearby neighborhoods. After input from the neighborhood team, the original architecture was changed significantly to make the building's exterior look like a row of townhomes in an updated traditional style. See image above.
Traffic from self-storage is low.
Traffic generated by a self-storage facility would be much lower than other kinds of development that could go on the site, such as shops, townhomes, restaurants, or convenience stores. This is particularly important for neighborhoods that are very close, including Cobblestone Walk, Millridge, Ivy Crest and Terrell Mill Estates. A significant increase in traffic would make entry and exit into those neighborhoods even harder than it already is.
Extensive landscaping, including trees at the corner.
Extensive landscaping would be used to beautify the site along Terrell Mill and Delk Road. This would include saving trees at the corner, where Delk and Terrell Mill meet. There would also be a substantial landscape buffer, including trees, to shield Cobblestone Walk.
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The site at Delk Road and Terrell Mill Road.
Community Meeting room added to proposal.Board Of Commissioners to review Feb. 21st.Back in December, the Planning Commission had recommended Z-66 for denial, however the Board of Commissioners voted to hold it over until its meeting on February 21st. The Board of Commissioners is the official body that makes the final zoning decision.
Commissioner Richardson had been asking the developer to provide more benefit to the community, such as a community meeting space. According to a newly revised stipulation letter dated Feb 15th, a community room with audio visual equipment has been added. (25) Applicant agrees the proposed facility will contain a “community room.” Such community room will be available to members of the community to conduct meetings or gatherings on a scheduled basis. Such community room shall be approximately 400-500 square feet, or more, and shall consist of finished meeting room space, furnished, and including audio/visual equipment. One other change in the stipulation letter notes that the developer is “no longer seeking a variance for going over the limit of FAR (Floor Area Ratio) as permitted By Cobb County.” Feb. 15, 2023 revised stipulation letter The original application and site plan have been revised a number of times to address neighborhood concerns. PDFs of the updated documents can be reviewed at the links above.
Ask questions or give comments.
The application has been studied by a team from the neighborhoods closest to the site - Cobblestone Walk townhomes and Millridge. They have met with the developer and have had ongoing dialog. To give your thoughts to the team, email contact@powersferryca.com, and you'll be put you in touch with them.
Also, now is the time to send questions or comments to the Board of Commissioners before the February 14th meeting. Below are email links for each commissioner. Board of Commissioners Chair Lisa Cupid District 1 Keli Gambrill District 2 Jerica Richardson District 3 JoAnn Birrell District 4 Monique Sheffield Meeting details
9:00am on Tuesday, Feb, 21, 2023 100 Cherokee St., Building A 2nd Floor BOC Room Marietta, GA 30090 Cobb County has a web page on Public Meetings. You can also watch each meeting streamed live through the county's website, cable TV channel, and Youtube page. |
potential uses for this property?There has been interest from both commercial and residential developers.
A townhome developer tried to come up with a project that would make economic sense, but the cost and shape of the property made it too difficult. The property owner has tried to be community-conscious in analyzing offers for the parcel. If you have suggestions for the type of development on this property, email the PFCA. There may or may not be a viable buyer in your preferred category, but it will help give insight into what people are thinking. |
Click image to enlarge.
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